FAR Council Information Collection for Executive Order 14398

FAR Council Proposes Information Collection Regarding Executive Order 14398

The Federal Acquisition Regulatory (FAR) Council has proposed a new information collection under Executive Order 14398. The FAR Council proposal was submitted to the Office of Management and Budget (OMB) on May 6, 2026. The public has until July 6, 2026, to comment on the proposed information collection.

Contents of Information Collection

The FAR Council's request for a new information collection under Executive Order (EO) 14398 is associated with federal acquisition regulation 52.222-90. That regulation reads as follows:

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

The May 6 notice from the FAR Council and the accompanying supporting statement say that federal contractors may be required to:

• Furnish all information and reports, including providing access to books, records, and accounts, requested by a federal contracting officer for purposes of ascertaining compliance with FAR 52.222-90.

• Report to a federal contracting officer on any subcontractor's known or reasonably knowable conduct that may violate FAR 52.222-90, and take any appropriate remedial actions directed by the contracting officer.

• Inform a contracting officer if a subcontractor sues the federal contractor and the suit challenges the validity of FAR 52.222-90.

The FAR Council and Executive Order 14398

The FAR Council includes representatives of the Office of Federal Procurement Policy, the Department of Defense, the General Services Administration, the National Aeronautics and Space Administration (NASA), and OMB. The FAR Council is responsible for maintaining the federal acquisition regulations, which provide instruction for federal procurement policy and regulatory activities. The actions of the FAR Council affect a vast number of federal contractors and subcontractors.

The information collection request from the FAR Council is part of the Council's efforts to implement EO 14398. This executive order, entitled "Addressing DEI Discrimination by Federal Contractors," was issued on March 26, 2026. It applies to federal contractors and subcontractors. EO 14398 continues the Trump administration's efforts to end diversity, equity, and inclusion (DEI) programs by public and private employers.

Comments on Proposal and Expected Number of Respondents

The FAR Council is soliciting comments on the proposed information collection that address the following concerns:

• Whether the proposed information collection information is necessary

• Whether the information will have practical utility

• The accuracy of the estimated burden of the information collection

• Ways to enhance the quality, utility, and clarity of the information to be collected

• Ways to minimize the burden of the information collection on respondents

The notice and the supporting statement from the FAR Council estimate that there would be approximately 6,825 total annual responses required for the proposed information collection. The manner in which the FAR Council reached this figure includes a variety of assumptions about the number of federal contracts, federal contractors, and federal subcontractors..

Ellen Shong & Associates has previously provided information and guidance on EO 14398. We will continue to provide updates on activities associated with this executive order.